Louisiana
Louisiana Trade Secret Laws: UTSA, Remedies & Deadlines
The Louisiana Uniform Trade Secrets Act, La. Rev. Stat. §§ 51:1431 to 51:1439, has governed trade secret protection in Louisiana since 1981. Civil claims for misappropriation must be filed within three years of discovering the wrong (§ 51:1438), and the federal Defend Trade Secrets Act provides a concurrent remedy without displacing the state statute.
This guide is part of our Trade Secret Laws by State series.
Information last verified on 2026-06-25. This article presents general legal information, not legal advice. For a nationwide overview, see Trade Secret Laws by State.
Does Louisiana have a trade secret law?
Louisiana enacted the Louisiana Uniform Trade Secrets Act in 1981, codified at La. Rev. Stat. §§ 51:1431 to 51:1439, placing it among the early UTSA adopters. The statute follows the Uniform Law Commission's framework and covers civil claims by any person or entity whose trade secrets are misappropriated in Louisiana. It defines both trade secret and misappropriation, prescribes available remedies, and sets the three-year limitations period. Under § 51:1437, the LUTSA displaces conflicting state tort and restitution claims that would otherwise govern trade-secret disputes, making it the primary state-law avenue for these cases. The federal Defend Trade Secrets Act applies alongside the LUTSA without preempting it (18 U.S.C. § 1838), so a Louisiana claimant may pursue both state and federal claims in a single lawsuit.
What counts as a trade secret and misappropriation in Louisiana?
La. Rev. Stat. § 51:1431(4) defines a trade secret as information, including formulas, patterns, compilations, programs, devices, methods, techniques, or processes, that satisfies two conditions. First, the information must derive independent economic value, actual or potential, from not being generally known to or readily ascertainable by proper means by others who can benefit from its disclosure or use. Second, the owner must have taken efforts that are reasonable under the circumstances to keep it secret. Customer lists, manufacturing processes, source code, pricing models, and proprietary formulas are common examples.
Misappropriation under § 51:1431(2) means acquiring a trade secret through improper means, such as theft, bribery, espionage, or breach of a duty of confidentiality, or disclosing or using it without consent when the person knew or had reason to know it was improperly obtained. Two methods are expressly lawful under § 51:1431(1): reverse engineering a product obtained through proper means and independent development of equivalent information. Neither constitutes misappropriation.
Remedies and the limitations period in Louisiana
The Louisiana Uniform Trade Secrets Act provides several avenues for relief:
- Injunctions: Under § 51:1432, a court may enjoin actual or threatened misappropriation. In exceptional circumstances it may allow future use conditioned on payment of a reasonable royalty.
- Damages: Section 51:1433(A) allows recovery of actual loss plus unjust enrichment of the defendant not already captured in that figure, or a reasonable royalty as an alternative measure.
- Exemplary damages: Willful and malicious misappropriation can support exemplary damages of up to twice the compensatory award (§ 51:1433(B)).
- Attorney fees: Available when a claim or motion is made in bad faith, or when misappropriation is willful and malicious (§ 51:1434).
The limitations period is three years. Under § 51:1438, an action must be brought within three years after the misappropriation is discovered or should have been discovered through reasonable diligence. Continuing misappropriation is treated as a single claim accruing from the first act the owner discovered or should have discovered, so prompt investigation and documentation are important.
How the federal DTSA applies in Louisiana
The Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839, creates a federal civil action for trade-secret misappropriation when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce. Because the DTSA does not preempt state law (18 U.S.C. § 1838), Louisiana businesses routinely plead both DTSA and LUTSA claims together to take advantage of each forum's procedural tools.
The DTSA adds one remedy not found in Louisiana's statute: a civil ex parte seizure order under § 1836(b)(2), which allows a court to order immediate seizure of materials containing a trade secret before the defendant has notice, in extraordinary circumstances. The DTSA's limitations period of three years from discovery (§ 1836(d)) matches Louisiana's under § 51:1438.
Employers should also review their confidentiality agreements. Any agreement signed or updated after May 11, 2016 must include the DTSA whistleblower-immunity notice required by 18 U.S.C. § 1833(b)(3). An employer that omits the notice loses the right to seek exemplary damages and attorney fees against that employee under the DTSA, even when the misappropriation is willful.
This is general legal information, not legal advice. It describes Louisiana and federal trade secret law as of 2026-06-25 and does not address your specific facts. Trade-secret disputes are fact-intensive and filing deadlines are strict. Consult an attorney licensed in Louisiana before taking action.
Related articles
- Trade Secret Laws by State
- Kentucky Trade Secret Laws
- Maine Trade Secret Laws
- Is AI-generated code copyright infringement?
Last updated: 2026-06-25.
Frequently Asked Questions
What qualifies as a trade secret in Louisiana?
Under La. Rev. Stat. § 51:1431(4), information qualifies if it derives independent economic value from not being generally known or readily ascertainable by others who could profit from it, and the owner takes reasonable measures to maintain secrecy. Common examples include customer lists, formulas, source code, and pricing models. Reverse engineering and independent development are lawful and do not constitute misappropriation.
How long do I have to sue for trade secret misappropriation in Louisiana?
Three years from when the misappropriation was discovered or reasonably should have been discovered, under La. Rev. Stat. § 51:1438. Continuing misappropriation is treated as a single claim accruing from the first act the owner discovered or should have discovered with reasonable diligence. Prompt investigation preserves your claim.
What remedies does the Louisiana Uniform Trade Secrets Act provide?
The LUTSA authorizes injunctions (§ 51:1432), actual damages plus unjust enrichment or a reasonable royalty (§ 51:1433(A)), exemplary damages up to twice the award for willful and malicious misappropriation (§ 51:1433(B)), and attorney fees for willful, malicious, or bad-faith conduct (§ 51:1434).
Do Louisiana NDAs need to include a DTSA whistleblower notice?
Yes. Any nondisclosure or confidentiality agreement signed or updated after May 11, 2016 must notify the employee or contractor of the whistleblower immunity under 18 U.S.C. § 1833(b). An employer that omits this notice loses the right to recover exemplary damages and attorney fees from that individual under the DTSA, even for willful misappropriation.
Can I bring both DTSA and Louisiana trade secret claims in the same lawsuit?
Yes. The DTSA does not preempt Louisiana's Uniform Trade Secrets Act (18 U.S.C. § 1838), so a trade secret owner may plead both claims together. Doing so lets the plaintiff pursue the DTSA's civil ex parte seizure remedy while also relying on the LUTSA's preemption of competing state tort claims (§ 51:1437). Both have a three-year limitations period from discovery.
Sources and References
- Louisiana Uniform Trade Secrets Act, La. Rev. Stat. §§ 51:1431 to 51:1439(legis.la.gov).gov
- Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
- Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
- Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)